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Patna High Court

ASHARFI SAWversusTHE UNION OF INDIA AND ANR

Decided
Disposal
DISPOSED

Holding

The petition is disposed, directing the petitioners to file a fresh petition within four weeks and the respondents to resolve the matter thereafter.

Summary

The petitioners, Asharfi and others, claim ownership of Raiyti/Purchased land in Lakhisarai and allege that the Eastern Railway intends to construct an underpass over their land without compensation. They sought writs to restrain the construction, protect peaceful possession, and compel acquisition under the Land Acquisition Act with compensation. The Union of India argued the petition lacked supporting documents, while the petitioner's counsel suggested filing a fresh petition before the General Manager of Eastern Railway. The court found the present petition premature and directed the petitioners to file a fresh petition within four weeks, after which the respondents must take the matter to its logical conclusion. No writs were issued pending the fresh petition.

Issues considered

  • Whether the railway can construct an underpass over the petitioner's land without acquisition and compensation.
  • Whether the writ petition is maintainable in its present form.
  • Whether the petitioners should first approach the General Manager of Eastern Railway for land acquisition.

Legislation cited

Subjects

  • land acquisition
  • railway underpass
  • writ petition
  • compensation
  • property rights
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.800 of 2026
                 ======================================================
                 ASHARFI SAW LATE TULSI SAW PIRIBAZAR P.S PIRIBAZAR
                 DISTRICT LAKHISARAI

                                                                                ... ... Petitioner/s
                                                       Versus

           1.    The Union of India through the General Manager, Eastern Railway, Kolkata.
           2.    The D.R.M. Eastern Railway, D.R.M. Office, Malda, West Bengal.
           3.    The State of Bihar Through, Principal Secretary, Land and Revenue
                 Department Bihar, Patna.
           4.    The District Magistrate, Lakhsarai.
           5.    The Sub-Divisional Officer, Lakhisarai Sadar, District- Lakhisarai.
           6.    The Superintendent of Police, Lakhisarai.
           7.    The Circle Officer, Suryagarha Anchal, District- Lakhisarai.
           8.    The S.H.O., Piri Bazar, Police Station.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Mayank Bilochan, Advocate
                 For the Respondent/s   :      Mr. S. Raza Ahmad, AAG-5
                                               Mr. Md. Kamil Akhtar, AC to AAG-5
                 For the UOI            :      Mr. Krishna Kant Tiwari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “(i) for issuance of an appropriate writ

                                  commanding the respondents not to construct the

                                  Railway under pass, over the land of the petitioner

                                  which is Raiyti/Purchased land of the petitioner.

                                             (ii) For issuance of an appropriate writ
Patna High Court CWJC No.800 of 2026(2) dt.22-01-2026
                                            2/3




                          restraining the respondents not to make any

                          interference in the peaceful possession of the

                          petitioner.

                                        (iii) For issuance of an appropriate writ

                          commanding the respondent to first acquire the

                          land under the provision of land acquisition act

                          and pay the compensation or vacate the land of the

                          petitioner.

                                        (iv) For any other relief or reliefs for

                          which petitioner is entitled.”

                      3. Learned counsel for the petitioner submits that the

          land belongs to him but the Railways without compensation,

          have decided to use the said land for the construction of

          Railway Under Pass.

                      4. Learned counsel representing the Union of India

          submits that the writ petition is bereft of supporting documents.

                      5. Learned counsel for the petitioner submits that it

          will suffice if the fresh petition preferred before the General

          Manager, Eastern Railways, Kolkata (respondent no. 1) is taken

          to its logical conclusion.

                      6. Learned counsel representing the Union of India

          has no objection to it.
          Patna High Court CWJC No.800 of 2026(2) dt.22-01-2026
                                                      3/3




                                7. In that background, the writ petition stands

                    disposed of allowing the petitioner to approach the concerned

                    respondent in next four weeks. If such fresh petition is preferred

                    in next four weeks, the concerned respondent is directed to take

                    the matter to its logical conclusion at an earliest.



                                                  (Rajiv Roy, J)
Adnan/-

U


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